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JACK RESNICK AND SMART SERVICE vs. DIVISION OF GENERAL REGULATION, 78-001687 (1978)
Division of Administrative Hearings, Florida Number: 78-001687 Latest Update: Jan. 03, 1979

The Issue Whether the application of Petitioner for registration as an electronic repair dealer should be denied.

Findings Of Fact Petitioner Jack Resnick d/b/a Smart Service petitioned for an administrative hearing upon receipt from the Respondent of a Notice of Intent to Deny License or Registration. The hearing was scheduled for November 27, 1978 at 2:00 p.m. in Tallahassee, Florida. Prior to the hearing the parties requested that the Hearing Officer write a Recommended Order upon submission of "Stipulation of Facts and Questions of Law" filed jointly by the parties, copy of which is attached hereto and made a part hereof. The instruments filed in this case reflect that in February, 1978 Petitioner Jack Resnick applied to the Respondent, Division of General Regulation, for an electronic repair dealer registration under the provisions of Chapter 468, Florida Statutes. In April, 1978 the Respondent notified Petitioner of its intent to deny said application for registration for the reason that applicant Jack Resnick intended to employ one Arthur Resnick as a repair work person In the business. Previously, in 1976 Arthur Resnick had been denied a registration certificate as an electronic service dealer by the Respondent, having been determined to be unfit and ineligible to be registered as an electronic repair service dealer. The Recommended Order entered in that cause, which was adopted as Respondent's final order, made the following; findings of fact: Arthur Resnick caused to be advertised in local (Florida)newspaper advertisements which would the public believe Arthur Resnick Television Repair Service was registered with the Bureau of Electronic Repair when, in fact, it was not. Arthur Resnick had been asked to disclose on his application for registration whether he had been convicted of a felony, misdemeanor, or any infraction other than traffic viola- tions to which Arthur Resnick answered "no" when, in fact, Arthur Resnick had been convicted of three counts of theft by deception involving the repair of television sets by the Court of Common Pleas in Montgomery County, Pennsylvania. The Hearing Officer concluded that: The acts and conduct of the Petitioner in operating without a registration; advertising in a leading and deceptive manner; making false statements as an inducement to the public to authorize repair, and his failure to answer truthfully to certain questions on his sworn application for registration is good and sufficient cause for the director of the Department of Business Regulation, Division of General Regulations to deny the Petitioner a registration certificate as an electronic service dealer. The order of the Respondent adopted the Recommended Order noting that it had received no exceptions to the Recommended Order from either party and thereupon denied the application for registration as an electronic service dealer filed by Arthur Resnick. The application of Petitioner Jack Resnick indicates that he is to be the sole proprietor of the business Smart Service. It indicates that Arthur Resnick, who has the same address as the Petitioner, is to do repair work with a possible employee named Jerry Cohen. Respondent gave no other reason for the denial of Petitioner's application except for the indicated employment of Arthur Resnick.

Recommendation Retract the Notice of Intent to Deny License or Registration which was based on the fact that Arthur Resnick was the prospective employee of the Petitioner. Grant Petitioner's application for registration as an electronic repair dealer providing he presently meets the requirements of the Respondent. DONE and ENTERED this 20th day of December, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: David M. Hudson, Esquire Deputy General Counsel Depariment of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32304 Alexander M. Siegel, Esquire 1303 North State Road 7 Margate, Florida 33062 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DIVISION OF GENERAL REGULATION DEPARTMENT OF BUSINESS REGULATION JACK RESNICK and SMART SERVICE, Petitioner, vs. CASE NO. 78-1687 DEPARTMENT OF BUSINESS REGULATION, DIVISION OF GENERAL REGULATION, Respondent. /

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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs ADAM`S STREET MUFFLER SHOP AND SERVICE CENTER, INC., AND TIM TANNER, 97-000691 (1997)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Feb. 10, 1997 Number: 97-000691 Latest Update: Nov. 06, 1997

The Issue The issue in this case is whether Respondents committed the offenses described in an Administrative Complaint entered by Petitioner on or about January 10, 1997.

Findings Of Fact Petitioner, The Department of Agriculture and Consumer Services (hereinafter referred to as the "Department"), is an agency of the State of Florida. The Department is charged with responsibility for enforcing the Florida Motor Vehicle Repair Act, Sections 559.901-559.9221, Florida Statutes (hereinafter referred to as the "Act"). Respondent, Adam's Street Muffler Shop and Service Center, Inc. (hereinafter referred to as "Adam's Street Muffler"), is a dissolved Florida corporation. Adam's Street Muffler is located at 1401 South Adam's Street, Tallahassee, Leon County, Florida. Adam's Street Muffler is registered with the Department under the Act as a motor vehicle repair shop. The Department has assigned registration number MV-15484 to Adam's Street Muffler. Respondent, Tim Tanner, is the owner and operator of Adam's Street Muffler. At the time that Adam's Street Muffler register pursuant to the Act, a registration packet, including a copy of the Act, was provided to Adam's Street Muffler. On July 24, 1995, Robert Dan Drake, an investigator with the Department's Bureau of Motor Vehicle Repair, went to Adam's Street Muffler. Mr. Drake performed a compliance audit to determine whether repair estimate statements and invoices for services were in compliance with Sections 559.905 and 559.911, Florida Statutes. A copy of the repair invoice provided by Adam's Street Muffler personnel to Mr. Drake was determined not to be in compliance with Sections 559.905 and 559.911, Florida Statutes. See Petitioner's Exhibit 9. Mr. Drake discussed the requirements of the Act pertaining to repair estimates and invoices with Peggy Folsom, the secretary for Adam's Street Muffler. Mr. Drake also provided an On-Site Inspection Report/Citation (Petitioner's Exhibit 7), and a Compliance Checklist/Citation (Petitioner's Exhibit 8), to Ms. Folsom. These forms described the deficiencies with the repair estimate and invoice form being used by Adam's Street Muffler. Adam's Street Muffler was given thirty days to correct the repair estimate and invoice. A revised form was submitted to the Department. See Petitioner's Exhibit 10. The corrected form was accepted by the Department. On July 1, 1996, Mr. Drake returned to Adam's Street Muffler. Mr. Drake discovered that the repair estimate and invoice used by Adam's Street Muffler for a complaining customer was the same form that he had found to be deficient on July 24, 1995. See Petitioner's Exhibit 12. Mr. Drake issued a second On-Site Inspection Report/Citation to Adam's Street Muffler as a result of the July 1, 1996 visit. Petitioner's Exhibit 11. The report again described the specific deficiencies with the repair estimate and invoice form being used by Adam's Street Muffler. On October 1, 1996, Mr. Tanner paid a $300.00 fine for violating Sections 559.905 and 559.911, Florida Statutes. On December 1, 1996, two months after Mr. Tanner paid the fine, and approximately six months after the second violation of the Act, Dan Keller, an employee of the Department, visited Adam's Street Muffler. Mr. Keller examined forms titled "Repair Orders" in the files of Adam's Street Muffler. The forms discovered by Mr. Keller were determined not to be in compliance with Sections 559.905 and 559.911, Florida Statutes. Petitioner's Exhibits 1-5. The forms copied by Mr. Keller on December 1, 1996, were used as repair estimates and invoices for services performed. The evidence failed to prove when the vehicles at issue were brought to Adam's Street Muffler, that they were not brought to Adam's Street Muffler by person other than the owner, or that Adam's Street Muffler did not notify the customer pursuant to Section 559.909(1), Florida Statutes. None of the owners of the vehicles to which Petitioner's Exhibits 1-5 relate have filed a complaint with the Department concerning work performed by Adam's Street Muffler. The repairs evidence by Petitioner's Exhibits 1-5 were for repair work costing in excess of $50.00. The forms taken from Adam's Street Muffler on July 24, 1995, July 1, 1996, and December 1, 1996 are incorporated into this Recommended Order by reference. On or about January 10, 1997, the Department entered an Administrative Complaint against Adam's Street Muffler and Mr. Tanner. The Administrative Complaint contains two counts against Respondents: one for alleged violations of Section 559.905, Florida Statutes, and one for alleged violations of Section 559.911, Florida Statutes. Both counts relate the forms obtained by the Department in December of 1996.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered by the Department of Agriculture and Consumer Services finding that Adam's Street Muffler Shop and Service Center, Inc., a Florida Corporation, and Tim Tanner, individually and as Director of Adam's Street Muffler Shop and Service Center, Inc., violated Section 559.911, Florida Statutes, as alleged in the Administrative Complaint entered January 10, 1997. IT IF FUTHER RECOMMENDED that Respondents be required to pay an administrative fine of $1,000.00 within thirty days of the date that the Final Order becomes final and the motor vehicle repair shop registration, MV-15484, issued to Respondents be suspended for a period of two weeks. DONE AND ENTERED this 27th day of June, 1997, in Tallahassee, Leon County, Florida. LARRY J. SARTIN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 27th day of June, 1997. COPIES FURNISHED: Lawrence J. Davis, Senior Attorney Department of Agriculture and Consumer Services Room 515, Mayo Building Tallahassee, Florida 32399-0800 J. Joseph Hughes, Esquire 1017-A Thomasville Road Tallahassee, Florida 32303-6221 Honorable Bob Crawford Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810 Richard Tritschler, General Counsel Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810 Brenda Hyatt, Chief Department of Agriculture and Consumer Services Bureau of Licensing and Bond 508 Mayo Building Tallahassee, Florida 32399-0800

Florida Laws (7) 120.57559.904559.905559.909559.911559.920559.921
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WANDA HARKINS vs HILLSBOROUGH COUNTY TAX COLLECTOR, 02-004523 (2002)
Division of Administrative Hearings, Florida Filed:Tampa, Florida Nov. 19, 2002 Number: 02-004523 Latest Update: Dec. 29, 2003

The Issue The issue is whether Respondent engaged in an unlawful employment practice by failing to promote Petitioner to a supervisory position.

Findings Of Fact Petitioner is a white female. At all times relevant to this proceeding, Petitioner was over the age of 40. Respondent, the Hillsborough County Tax Collector (Tax Collector), is an elected public officer in Hillsborough County, Florida, and is responsible for collecting certain taxes within that county. The Tax Collector's Office is divided into two main Divisions, the Tax and License Division and the Motor Vehicles Division. The work done by these two Divisions is different and the training and work experience for each Division are considered unique. The Tax and License Division collects taxes on both real and personal property and issues hunting, fishing and occupational licenses. The Motor Vehicle Division issues drivers licenses and motor vehicle tags and titles. Some of the Tax Collector's branch offices are full-service offices, which provide the services of both the Tax and License Division and the Motor Vehicle Division. Petitioner was hired by the Hillsborough County Tax Collector's Office as a Clerk III on March 4, 1994. At the time Petitioner was hired by the Tax Collector, she was 49 years of age. She resigned from her position as a Clerk III on March 17, 2000, when she took a lateral transfer to the Water Department. During the six years that Petitioner was employed by the Tax Collector's Office, she worked exclusively in the Tax and License Division. Petitioner was a "detailed oriented" person and did a good job as a Clerk III. There is no dispute that she performed well within her assigned Clerk III duties. After working for many years in the area of occupational and hunting licenses of the Tax and License Division, Petitioner's managers asked her to rotate into other areas of the Tax and License Division for cross-training. As part of this cross-training, Petitioner was reassigned to other areas within Tax and License Division. Petitioner did not like working in new areas and especially did not like working in the Real Estate Delinquent Tax Section. The reason was that she found it difficult to deal with taxpayers who were subject to losing their homes because they were unable to pay their taxes. Petitioner never worked in the Motor Vehicle Division of the Tax Collector's Office. After several years of working as a Clerk III, Petitioner applied for some promotional opportunities as a Clerk IV. At the time Petitioner was applying for promotion, the Clerk IV position was a first line supervisory position. Moreover, the incumbent Clerk IV had to take over for the supervisor or manager in his or her absence. Petitioner, like all other applicants for promotion, was given the opportunity to have an interview as it was the policy of the Tax Collector's Office to interview any candidate who desired an interview. Jackie Wilhelm, a General Manger in the Motor Vehicle Division, interviewed Petitioner in June or July of 1997 and, again, in March or April of 1998 for a Clerk IV position in the Motor Vehicle Division. Because Petitioner had worked for several years as a Clerk III in the Tax and License Division, she met the minimum requirements necessary for a Clerk IV position. However, both of the positions for which Petitioner was interviewed required Motor Vehicle Division work experience to be the best qualified person. Experience in the Motor Vehicle Division was important for an individual selected for a Clerk IV position in the Motor Vehicle Division because the person in that position was responsible for supervising the work of Clerk IIIs in that division. The most qualified applicant for the Clerk IV position in the Motor Vehicle Division would be a person who had first-hand knowledge and experience regarding the operations of the Motor Vehicle Division. During the above-referenced 1997 and 1998 interviews, Jackie Wilhelm asked Petitioner if she would be willing to take a lateral transfer to a Motor Vehicle position so that she could obtain motor vehicle experience. Petitioner declined both times. Sometime between September 1997 and March 1998, Petitioner spoke to Charlotte Luke, who was her senior manager in the Tax and License Division, about promotional opportunities. During the discussion, Petitioner and Ms. Luke discussed ways for Petitioner to exhibit behavior that would enhance her chances of getting promoted. Ms. Luke suggested that Petitioner do the following: show leadership characteristics; take initiative for changes to make work processes more efficient; accept responsibility for writing efficient procedures that affect the whole department; volunteer to take on tasks that needed to be performed; show confidence in her decision making by being more assertive; demonstrate problem-solving ability in the absence of her supervisor; show an ability to do multiple tasks at one time. Ms. Luke also encouraged Petitioner to attend a career management class and a communications skills class. After the discussion noted in the above paragraph, Ms. Luke asked Petitioner's immediate supervisors to be on the lookout for any indications that Petitioner was starting to demonstrate the characteristics she and Ms. Luke had discussed. Ms. Luke never got any positive reports that Petitioner was showing improvement in the areas suggested. Furthermore, Petitioner was not observed exhibiting any of these characteristics while working in the Tax Collector's Office. Petitioner filed a Charge of Discrimination on February 1, 2000, with the Equal Employment Opportunity Commission (EEOC) in which she claimed she was not promoted due to her age. After an investigation, the EEOC dismissed the charge. Petitioner then filed a Charge of Discrimination with the Commission on September 8, 2000, in which she claimed that she was not promoted due to her age. This charge was dismissed by the Commission on or about October 18, 2002. During the time period applicable to Petitioner's charges, 365 days prior to her earliest EEOC complaint of February 1, 2000, or February 1, 1999, there were several promotional opportunities in the Tax Collector's Office. Of the number of promotional opportunities available during that time, Petitioner applied for only four such positions. All the positions for which Petitioner applied were in the Motor Vehicle Division and required motor vehicle work experience to be the best qualified. The Motor Vehicle Division has roughly five times more supervisor-type positions (Clerk IV and above) than the Tax and License Division. One position for which Petitioner applied was a Motor Vehicle training supervisor position. In October 1999, Rosemary Johnson, Manager of Motor Vehicle Training, selected Marty Rodriguez for the Motor Vehicle training supervisor position. During the selection process for this position, Ms. Johnson and Barbara McCleary, Director of Motor Vehicles, interviewed Petitioner and 16 other individuals. Ms. Johnson and Ms. McCleary, individually and independently, rated each applicant for this position. In these rankings, Petitioner was not ranked as one of the top applicants by either Ms. Johnson or Ms. McCleary. The reason was that Petitioner had no experience working in the Motor Vehicle Division. At the time of this selection, Ms. Johnson did not know of any allegations of age discrimination and made her selection on the basis of the best qualified for this position. Petitioner also applied for two Motor Vehicle Clerk IV positions, both of which were filled in November 1999. These positions were assigned to the Palm River/Faulkenberg Office, a full-service office of the Tax Collector. Although this full- service office provided services of the Motor Vehicle Division and the Tax and License Division, the two Clerk IV positions for which Petitioner applied were in the Motor Vehicle Division. General Manager Parker interviewed Petitioner and during the interview noted that Petitioner did not have Motor Vehicle experience or experience with the Tax Collector's new computer system, which was used heavily in that office. Ms. Parker selected April Johnson and Michelle Williams-Nedd for the two Clerk IV positions in the Motor Vehicle Division that were described in paragraph 17. The reason Ms. Parker selected these applicants is that they both had extensive experience with Motor Vehicle type work. In fact, at the time these openings occurred, Ms. Williams-Nedd and Ms. April Johnson were working in the Motor Vehicle Division. Ms. Parker had personally worked with Ms. April Johnson and Ms. Williams-Nedd and she knew that both applicants had the ability and prior experience in the Motor Vehicle Division to perform the job of Clerk IV in that division. At the time Ms. April Johnson was promoted to the Clerk IV position, she was twenty-five years of age. No evidence was presented regarding the age of Ms. Williams-Nedd at the time she was promoted. In or about early 2000, Petitioner applied for a Motor Vehicle supervisor position in the South County Office. In February 2000, Tori Sydnor, General Manager of the South County Office, selected Juanita Gatica for the Motor Vehicle supervisor position. The reason Ms. Sydnor selected Ms. Gatica was that she knew of Ms. Gatica's work quality and prior experience working in the Motor Vehicle Division. Ms. Sydnor knew that Ms. Gatica had Motor Vehicle experience because she worked many years with Ms. Gatica in that division. Furthermore, Ms. Sydnor knew that experience in the Motor Vehicle Division was required to be the best qualified for the Motor Vehicle supervisor position. In or about the Fall of 1999, Petitioner voluntarily withdrew herself from consideration for a Clerk IV promotion in the Tax and License Division. In September 1999, Susan Lagore was selected to fill that position. Based on the evidence, it appears that during her employment with the Tax Collector, Petitioner has interviewed only once for a promotional opportunity in the Tax and License Division, although that is the Division where she had all her work experience. Despite her success in performing the duties required in the Clerk III position, Petitioner was not considered a good prospect for promotion. Petitioner was a "detailed-oriented" person with little grasp of, or concern for, the larger picture and mission of the Tax Collector's Office. While a Clerk III at the Tax Collector's Office, Petitioner did not exhibit overall confidence or initiative or tolerance for change in the work environment. Petitioner did not show any capacity for supervisory level problem-solving; she showed little confidence in decision-making; and she was very introverted to the point where her introversion would be a hindrance, limiting her ability to relate to subordinates and customers. Petitioner stated that she wanted to be promoted to Clerk IV. However, she did not take the steps to show she was best qualified for such a promotion. Petitioner did not perform very well during her interviews. Also, she failed to avail herself of the opportunity to increase her level of experience in the Tax Collector's Office. Specifically, Petitioner twice declined the opportunity for lateral transfer into the Motor Vehicle area. Such a transfer would have given her experience in the division of the Tax Collector's Office where most promotions and Clerk IV positions were found. Moreover, Petitioner did not demonstrate leadership ability and the ability or desire to direct the work of others. Finally, Petitioner tended to avoid all conflicts and, thus, would have found it difficult to resolve conflicts between employees or with citizens as a Clerk IV would be required to do when conflicts arose. Many workers within the Tax Collector's Office were hired and/or promoted after they turned 40 years of age. For example, Rosemary Johnson was 42 years of age when hired and was 52 years of age when she was promoted to training manager. Claudia Coleman was promoted to three supervisory positions after she was 51 years of age, with the last promotion to General Manager I occurring when she was 58 years of age. Other employees of the Tax Collector's Office who were promoted after the age of 40 included Ann Kemeny, who was promoted to supervisor when she was 53; Susan Lane, who was promoted to training manager when she was 47; and Loides Rodriquez, who was promoted to Clerk IV when she was 52.

Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order finding that Respondent committed no unlawful employment practice and dismissing the Petition for Relief. DONE AND ENTERED this 16th day of July, 2003, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of July, 2003. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Roderick O. Ford, Esquire Law Offices of Roderick O. Ford, P.A. Post Office Box 17421 Tampa, Florida 33682 James J. Lynch, Esquire Hillsborough County Attorney's Office Post Office Box 1110 Tampa, Florida 33601 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301

Florida Laws (3) 120.569760.10760.11
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MIAMI-DADE COUNTY SCHOOL BOARD vs KIMBERLY A. TARVER, 02-000997 (2002)
Division of Administrative Hearings, Florida Filed:Miami, Florida Mar. 12, 2002 Number: 02-000997 Latest Update: Sep. 13, 2002

The Issue Whether the Respondent committed the violations alleged in the Notice of Specific Charges and, if so, what penalty should be imposed.

Findings Of Fact The Petitioner is the entity charged under Florida law with the responsibility of operating and controlling the public school system within the Miami-Dade County, Florida School District. As such, it has authority over personnel employed by the School Board. At all times material to the allegations of this case, the Respondent was an employee of the School Board. The Respondent was hired in October 1985 as a secretary. At all times material to the allegations of this case, the Respondent was subject to the collective bargaining agreement negotiated between the Petitioner and the United Teachers of Dade. At all times material to the allegations of this case, the Respondent was assigned work duties at the Division of Student Services as a senior secretary. On or about August 26, 1997, the Respondent reported that a laptop computer with an approximate value of $1200.00 was missing from her work location. Thereafter, the Respondent formally reported that the laptop computer had been stolen from her work location. In June 2001, a repossession company took possession of the Respondent's car. As part of its procedure, the repossession company inventoried the contents of the Respondent's vehicle. A laptop computer was discovered in the car's trunk. Because it bore a School Board inventory control identification sticker, the repossession company returned the laptop to the School Board's police. The recovered laptop inventory control sticker corresponded to the computer that the Respondent had reported stolen. Recovered almost 4 years after it was reported missing, the laptop was deemed obsolete and of little value to the School Board. As such, it was sent to a warehouse so that it could be sold with other surplus property. In follow-up to the recovery of the laptop, the School Board police interviewed the Respondent in July 2001 regarding the computer. The Respondent admitted that she had taken the laptop from her office without permission and had falsely reported the item as stolen. The Respondent further admitted that she had left the laptop in the trunk of her personal automobile that had been repossessed. On August 28, 2001, a conference for the record was conducted with the Respondent to address the removal of the laptop computer from the worksite, the false report, and the Respondent's future employment status. During such conference, the Respondent maintained that she had only taken the laptop without permission by removing it from the worksite. She did not acknowledge having reported it as stolen. She admitted that she had "borrowed" the computer. Prior to the series of events with the laptop computer, the Respondent was arrested on a charge of third degree grand theft. The charges in that matter arose from the Respondent's fraudulent and illegal application for a loan. The Respondent used the name, address, and social security number for another person in order to procure a loan in the amount of $3769.00. Subsequently, the Respondent defaulted on the loan. A bench warrant for the grand theft charge was executed against the Respondent on or about July 22, 1997, and on July 23, 1997, the Respondent entered a plea of no contest to the charge. As a result, the Respondent was placed on probation which included restitution to the victim and community service. The Respondent was apprised of all School Board rules, policies and procedures pertinent to this matter and was directed to comply with all rules and regulations of the School Board. The Respondent did not have permission to remove the laptop computer from her work premises.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Miami-Dade County, Florida enter a Final Order sustaining the termination of the Respondent's termination of employment effective February 13, 2002. DONE AND ENTERED this 23rd day of July, 2002, in Tallahassee, Leon County, Florida. J. D. Parrish Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of July, 2002. COPIES FURNISHED: Merrett R. Stierheim, Interim Superintendent Miami-Dade County School Board 1450 Northeast Second Avenue, No. 912 Miami, Florida 33132-1394 Honorable Charlie Crist Commissioner of Education Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400 Luis M. Garcia, Esquire Miami-Dade County School Board 1450 Northeast Second Avenue Suite 400 Miami, Florida 33132 Kimberly A. Tarver 3456 Frow Avenue Miami, Florida 33133

Florida Laws (1) 120.569
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